Inheritance of wife, three sons and one daughter Fatwa No: 139520
- Fatwa Date:21-8-2010
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information Does the deceased have male relatives who are entitled to inherit: (A son) Number 3 (grandson (from the son)) Number 4 Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A granddaughter (from the son)) Number 1 (A wife) Number 1 (A full sister) Number 1
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
If the deceased only left the heirs that you mentioned in the question, then the wife gets one-eighth as her legal share due to the existence of the children of the deceased; Allaah Says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12] The remainder should be divided amongst the three sons and the daughter by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allaah Says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]
However, the grandsons and the granddaughter, as well as the full sister, have no right in the inheritance as they are all prevented from inheritance by the existence of the son.
Therefore, the inheritance should be divided into 8 shares, the wife gets one-eighth, which is one share, and each son gets 2 shares, and the daughter gets 1 share.
Allaah Knows best.